Iowa R. App. P. 6.1204

As amended through Septmber 9, 2024
Rule 6.1204 - Petition for rehearing in the court of appeals
(1)Filing does not toll further review deadline. The filing of a petition for rehearing with the court of appeals does not toll the 20-day period provided in Iowa Code section 602.4102(4) for filing an application for further review of a court of appeals decision with the supreme court. Nothing in these rules prohibits any party from filing both a petition for rehearing with the court of appeals and an application for further review with the supreme court.
(2)Time for filing. A petition for rehearing must be filed within 7 days after the filing of the court of appeals decision.
(3)Content. The petition must state with particularity the points of law or fact that in the opinion of the petitioner the court of appeals has overlooked or misapprehended.
(4)Response. No response to a petition for rehearing will be received unless requested by the court of appeals.
(5)Action by court of appeals.
a. Oral argument in support of a petition for rehearing not permitted.
b. If the petition for rehearing is not expressly granted or denied by the court of appeals within 7 days after the petition is filed, the petition will be deemed denied. Upon request of the court of appeals within the 7-day period, the supreme court may grant an extension not to exceed 7 days for the court of appeals to rule upon the petition.
c. If the petition for rehearing is granted, the decision of the court of appeals is vacated and the court of appeals retains jurisdiction of the case. The court of appeals may dispose of the case with or without oral argument, order resubmission, or enter any other appropriate order. The decision after rehearing will be subject to further review as provided in Iowa Code section 602.4102(4).
(6)Stay of pending application of further review. Upon motion of a party or request of the court of appeals, the supreme court may stay any pending application for further review for consecutive periods of up to 30 days during the pendency of a petition for rehearing.
(7)Form of petition. The petition for rehearing must be in the form prescribed by rule 6.903(1). Except by permission of the court of appeals, a petition for rehearing may not exceed one-fifth of the length limitations for a required brief specified in rule 6.903(1)(i).

Iowa. R. App. P. 6.1204

Court Order October 31, 2008, effective 1/1/2009; Court Order November 18, 2016, effective 3/1/2017; Court Order September 29, 2023, effective 4/1/2024.